VC 2800.1

VC 2800.1

Offense

Flight from peace officer

Aggravated Felony (AF)

Not AF as obstruction of justice (364-day maximum).

Not AF as COV; see 2800.2.

Crime Involving Moral Turpitude (CIMT)

Not CIMT[mfn]A conviction under Veh C § 2800.1 is not a CIMT. The Ninth Circuit held that Veh C § 2800.2, which requires the same conduct but with the addition of recklessness, is not a CIMT. See discussion of Ramirez-Contreras v. Sessions, 858 F.3d 1298 (9th Cir 2017), below. See also Matter of Ruiz-Lopez, 25 I&N Dec. 551 (BIA 2011), where the BIA found that the offense of driving a vehicle while eluding a police officer under Wash. Rev. Code § 46.61.024 was a CIMT because it had as an aggravating factor wanton or willful disregard for lives or property. Section 2800.1 does not have those elements.[/mfn]

Other Removal Grounds

No other removal ground.

Advice and Comments

VC 2800.1

2023-08-10T21:44:27+00:00Updated July 31st, 2023|